Human Resources HR Law & Compliance 2 — Questions and Answers
Question 1: What does 'quid pro quo' sexual harassment involve?
- Creating a hostile work environment through pervasive conduct
- Conditioning employment benefits on submission to sexual demands (Correct answer)
- Unwelcome comments about physical appearance
- Exclusion from work activities based on gender
Correct answer: Conditioning employment benefits on submission to sexual demands
Quid pro quo harassment occurs when job benefits (hire, raise, promotion) are explicitly or implicitly conditioned on accepting unwelcome sexual advances.
Question 2: Under HIPAA, what does HR need to protect regarding employee health information obtained through employer-sponsored health plans?
- All employee personal information
- Protected Health Information (PHI) from unauthorized disclosure (Correct answer)
- Employee performance records
- Payroll tax information
Correct answer: Protected Health Information (PHI) from unauthorized disclosure
HIPAA requires HR to safeguard Protected Health Information obtained through employer-sponsored group health plans from improper use or disclosure.
Question 3: What is the primary purpose of affirmative action plans (AAPs) for federal contractors?
- To require hiring quotas for protected groups
- To proactively ensure equal employment opportunity and remedy underrepresentation of protected groups (Correct answer)
- To limit hiring of majority groups
- To report discrimination complaints
Correct answer: To proactively ensure equal employment opportunity and remedy underrepresentation of protected groups
AAPs require covered federal contractors to analyze workforce composition and take positive steps to ensure equal opportunity and address underrepresentation.
Question 4: What does the Genetic Information Nondiscrimination Act (GINA) prohibit?
- Drug testing of employees
- Using genetic information in employment decisions and health insurance underwriting (Correct answer)
- Background checks for genetic disorders
- DNA collection for workplace safety
Correct answer: Using genetic information in employment decisions and health insurance underwriting
GINA prohibits employers from using genetic information (family medical history, genetic tests) in hiring, firing, pay, or other employment decisions.
Question 5: What is the purpose of the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
- To regulate military contractor pay
- To protect the employment rights of individuals who perform military service (Correct answer)
- To set compensation for military veterans
- To provide tax credits for hiring veterans
Correct answer: To protect the employment rights of individuals who perform military service
USERRA protects the job rights of employees who leave civilian jobs for military service, requiring employers to reinstate them upon return.
Question 6: What is 'employment misclassification' and why does it matter?
- Incorrectly filing an EEO-1 report
- Incorrectly classifying a worker as an independent contractor instead of an employee, resulting in denied benefits and tax violations (Correct answer)
- Mislabeling job titles in the org chart
- Using wrong pay grades in salary bands
Correct answer: Incorrectly classifying a worker as an independent contractor instead of an employee, resulting in denied benefits and tax violations
Misclassifying employees as independent contractors allows employers to avoid payroll taxes, benefits, and labor law protections, resulting in significant legal liability.
Human Resources HR Law & Compliance 2
What does 'quid pro quo' sexual harassment involve?